Medical Malpractice Attorneys Helping Individuals and Families in the Baltimore Are
For many people, the scariest part about having any medical procedure done is going under anesthesia. Anesthesiologists play a vital role in ensuring that the process goes smoothly. If they make a careless error, the consequences can be devastating for the patient. Like other physicians, anesthesiologists owe every patient a duty to abide by the appropriate standard of care. If you have been injured by a negligent physician in the Baltimore area, you should seek the help of a medical malpractice lawyer at Wais, Vogelstein, Forman & Offutt. We have over 100 years of combined experience handling virtually every type of medical malpractice case, including those arising from anesthesia problems. We can put this knowledge and experience to use in pursuing the compensation that you need.
Holding an Anesthesiologist Accountable for Negligence
Anesthesia errors may include providing too much or too little anesthesia, medication errors, delayed anesthesia delivery, lack of oxygen, and preventable allergic reactions. Another problem that could arise in this area is “anesthesia awareness,” when a patient is fully awake yet unable to move or inform the doctor about what he or she is experiencing. This condition may occur if the anesthesia is ineffective, wrongly delivered, or poorly controlled. It can inflict serious emotional trauma and psychological damage to the patient.
People who have been hurt due to the negligent administration of anesthesia can take legal action against the anesthesiologist and, in some cases, the hospital or medical facility for which the individual works. Typically, the injured party can file a medical malpractice claim. Medical malpractice is a type of negligence action, which requires a patient to show that a health care provider breached the relevant standard of care. This is comprised of the generally accepted procedures and practices used by medical professionals in good standing within the same geographic area and field of specialty as the defendant. The standard of care usually must be established by expert testimony and will vary depending on the details of the case, including the patient’s age, condition, and medical history, as well as the procedure being performed.
Under Maryland medical malpractice law, patients have a certain time frame to file their claims. This period is known as the statute of limitations. Generally, a patient has five years from the date that the injury was caused or three years from when the injury is discovered, whichever is earlier. If you have suffered the tragic loss of a loved one due to an anesthesia problem, you may be able to file a wrongful death claim against any at-fault party. The statute of limitations for a wrongful death in Maryland is three years from the date of the death.
The state of Maryland has enacted limits or a “cap” on non-economic damages in medical malpractice cases. Non-economic damages encompass intangibles such as pain and suffering, physical impairment, disfigurement and scarring, loss of consortium, and other non-pecuniary losses. The amount of the cap is currently $725,000 for non-economic damages. It is important to note that it does not affect a victim’s ability to seek economic damages, such as medical expenses, rehabilitation costs, lost income, and other objective costs.
Legal Guidance for Injured Residents of Prince George’s County
At Wais, Vogelstein, Forman & Offutt, our injury attorneys understand that people in Prince George’s County and other areas of Maryland can suffer traumatic harm as a result of an anesthesiologist’s error. When you or your loved one has been harmed due to the negligence of a health care provider, you can potentially assert your rights. We can zealously advocate for you and pursue the maximum possible compensation permitted by law. Our team works aggressively and compassionately for the most seriously injured individuals in our community.